Terms of Use

WWW.HEALTHPHIX.COM

TERMS OF USE

UPDATED 1/18/2018

I. Introduction

Welcome to the HealthPhix website ("Site"). This Terms of Use Agreement ("Agreement") sets forth the agreement between HealthPhix, LLC and any affiliated companies (collectively, "HealthPhix" or "we") and each user ("you" or "user") governing the use by you of this Site. Please read this Agreement carefully before using this Site. By using this Site, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use this Site.

These Terms may change from time to time. We will notify you of any material changes to these Terms by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made that these Terms have been updated, and by changing the "Last Updated" date at the top of this webpage. We encourage you to check this page periodically for any changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.

In addition, when using particular services or features or making purchases on the Site, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.

II. Not Healthcare Advice

This site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through this Site, including information that may be provided on the Site directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, "Healthcare Professional") regarding any medical or health-related diagnosis or treatment options.

The information provided on this Site and Linked Sites (as defined), including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. Again, it is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging.

You should not use the information or services on this Site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always consult with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements. HealthPhix employees are encouraged to voluntarily participate in our forums including describing their experiences with specific products. Any comments made by employees in these forums or in reviewing products are strictly their own personal views made in their personally capacity. These comments are not claims made by the HealthPhix nor do they represent the view or position of the HealthPhix.

III. Purchases

If you make a purchase on the Site, your purchase will be subject to the terms of our Purchase Terms set forth below. Please review our terms before making any such purchase. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Purchase Terms.

Payment methods and Billing. If you wish to purchase Products at the Site, you must provide valid credit or debit card information on the Site's order form. We currently accept the following credit or debit cards: VISA, MASTERCARD, AMERICAN EXPRESS, DISCOVER. In addition, one-time purchases (non-subscription) can be paid using PAYPAL.By submitting such credit or debit card information, you give us permission to charge your purchases to the card that you designate on the order form. We reserve the right to cancel any order, any time and for any reason. If your credit or debit card has already been charged and your order is cancelled, you shall receive a credit to your card account in the amount of the charge. We will not be responsible (i) for any charges that your card issuer may apply to you as a result of our processing your order, (ii) if your card issuer refuses or fails to authorize payment by you, or (iii) for any delays or non­-delivery of Products that may arise due to any validation checks that may be carried out regarding your payment or identification. If you select the option to buy online and pick up at one of our stores, bag fees may be applied to your order upon pickup. Please bring a valid method of payment.

Order Acceptance. Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit or debit card has been charged, we will issue a credit to your card in the amount of the charge.

Order Returns. To ensure your safety, it is our policy not to reuse or resell product once it ships from our warehouse. As such, we cannot accept product returns. However, if you need your product replaced because it arrived damaged or we made a shipping error, we will gladly resolve your issue. Simply, contact us at support@healthphix.com or 800-646-1022 x.20.

Shipping and Handling

International Orders: International shipment rates vary based on total package weight and final destination. Pricing on the Site does not include duties, insurance costs, tariffs, or value-added taxes (VAT), sales taxes or similar taxes. At this time, all international orders are shipped via Asendia, USPS or FEDEX and take approximately 7-14 business days for delivery. Free shipping promotions do not apply to international orders. If you place an order for shipment to an international address, you will be responsible for paying any VAT and other taxes, tariffs, import or export duties, and other similar taxes, duties or fees attributable to such orders. These taxes, duties and fees, if assessed, are the sole responsibility of the package recipient, who will be billed for them by the local Customs office. We suggest you check with your local Customs office for any documents you may need before placing your order.

Domestic and International Orders: With respect to shipments of Products to consumers, wherever they may reside, title to Products will be shipped FOB our plant and all risk of loss shall pass to the buyer immediately upon our delivery of the Products to the common carrier. You are solely responsible for providing us with accurate shipping information and a valid phone number or email address. In the event that any Product is returned to us as a result of your failure to do so, you shall be responsible for any additional shipping fees or other charges that may be applied to the return of the Product to us or in re-sending the Product to you. Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that can't be delivered due to an address error, or orders seized by Customs. Domestic orders are shipped via USPS, UPS or FEDEX, using the most economical method and take approximately 3-5 business days. Note that our shipping times are estimates and are subject to change.

Subscription Service. We offer a subscription service at intervals you select to provide you withconvenient automatic order processing and delivery using the shipping and handling processes explained above.

Subscription Registration and Your Information.You must first create an Account to be able to order products on subscription and can do so by first selecting Register on the top right of the Website homepage.It is important that you provide accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.

Subscription Orders. Subscription orders can only processed using a valid VISA, MASTERCARD, AMERICAN EXPRESS, or DISCOVER credit card and your credit card information is automatically saved.All amounts are payable and charged at the beginning of the subscription and at the time your subscription renews until you cancel it.To avoid credit card charges for the next subscription period, you must cancel your subscription before it renews.

How to Cancel Your Subscription. Subscriptions automatically renew until you cancel, which you can do at any time by 1) logging into your Account, selecting “View Subscriptions”, selecting the subscribed product(s) and then selecting “Cancel Subscription”, 2) calling customer service at 800-646-1022 or 617-837-9504 or 3) emailing us at support@healthphix.com. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive products ordered until the end of your current subscription period.

Pricing or Typographical Errors. We work hard to provide accurate product and pricing information. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

IV. Privacy

Use of this Site is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. By using this Site, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of this Site, account registration, and any other personal information provided by you in accordance with our Privacy Policy.

V. Copyright; Trademarks

You acknowledge that all materials on the Site, including the Site's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of HealthPhix or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of HealthPhix or the respective copyright owner. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on this Site (including, HealthPhix and any Marks associated with any products available on the Site) are the sole property of HealthPhix and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of HealthPhix and/or its suppliers or licensors. HealthPhix will enforce its intellectual property rights to the fullest extent of the law.

VI. Links; Third Party Websites

Links on the Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Site. HealthPhix does not control or endorse any such third party websites. You agree that HealthPhix will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.

VII. Site Usage; Termination of Usage

You are required to establish an account on this Site in order to take advantage of certain features of this Site, such as making a purchase. If you provide information on this Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) maintain and promptly update such information to keep it true, accurate, current and complete to the extent the Site facilitates such updates. If you provide any information that is false, inaccurate, outdated or incomplete, or HealthPhix has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, HealthPhix has the right to suspend or terminate your account and prohibit any and all current or future use of the Site (or any portion thereof) by you. You will create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify HealthPhix of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying HealthPhix.

You agree to use this Site only for lawful purposes, and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site.

You further agree that you will not access this Site by any means except through the interface provided by HealthPhix for access to the Site. Creating or maintaining any link from another website to any page on this Site without the prior written authorization of HealthPhix is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another website without the prior written authorization of HealthPhix is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.

HealthPhix makes no representation that Materials contained on the Site or products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Site from any territory where its contents are illegal, and that you, and not HealthPhix, are responsible for compliance with applicable local laws.

This Agreement is effective unless and until terminated by either you or HealthPhix. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. HealthPhix also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Site, if in HealthPhix's sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or HealthPhix. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. HealthPhix reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.

You agree that HealthPhix may terminate or suspend your access to all or part of this Site, without notice, for any conduct that HealthPhix, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or HealthPhix.

VIII. User Content and Conduct

Where applicable at the Site, you are invited to post your own content ("User Content"). Please note that this Site is intended for adult use; if you are under the age of 13, do not submit any User Content to this Site. You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another Site user or to us, is your sole responsibility. Though the Site is designed to be a safe place to share such User Content, HealthPhix cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the Site.

By posting any User Content at the Site, you hereby grant HealthPhix a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any "moral rights" in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this Section 10; and the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Site.

You acknowledge and agree that HealthPhix may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of HealthPhix, its users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve: transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to HealthPhix worldwide. Posting of User Content to or through the Site, including ideas or disclosures of opinions, is voluntary on your part. No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. HealthPhix shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Site. THE VITAMIN SHOPPE SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SITE, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT

impersonate any person or entity, including, but not limited to a representative of HealthPhix, or falsely state or otherwise misrepresent your affiliation with a person or entity;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;

upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;

upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

"stalk" or otherwise harass another; or

collect or store personal data about other Site users.

gain access to unauthorized areas of the Site or our network or servers.

We will terminate the account and/or block Site users who repeatedly violate the intellectual property rights of any other person on this Site. You understand that by using the Site, you may be exposed to User Content created by others that is offensive, indecent or objectionable. HealthPhix does not endorse or have control over the User Content. User Content is not reviewed by HealthPhix prior to posting and does not reflect the opinions or policies of HealthPhix. HealthPhix makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Site. HealthPhix assumes no responsibility for monitoring the Site for inappropriate submissions or conduct. If at any time HealthPhix chooses, in its sole discretion, to monitor the Site, HealthPhix nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Site users submitting any such User Content. Notwithstanding the foregoing, HealthPhix and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in HealthPhix's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.

You are solely responsible for your interactions with other Site users. HealthPhix reserves the right, but has no obligation, to monitor disputes between you and other Site users and to terminate your Site access, in its sole discretion.

X. Applicable Law; Jurisdiction; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal laws, and the laws of the State of California in the United States, without regard to its choice of law provisions.

Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by HealthPhix or through the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. We each agree that any arbitrator hearing a claim may not: (i) combine more than one individual’s claim or claims into a single case; (ii) order, require, participate in or facilitate production of class-wide contact information or notification of others of potential claims; or (iii) arbitrate any form of a class, collective, or representative proceeding. If for any reason a claim proceeds in court rather than in arbitration WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

XI. Severability; Interpretation

If any provision of this Agreement is deemed illegal or unenforceable, the remainder of this Agreement shall continue to be fully valid, binding, and enforceable. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."

XII. Entire Agreement

This Agreement constitutes the entire and only Agreement between HealthPhix and each user of this Site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.

XIII. Miscellaneous

The failure of HealthPhix to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

XIV. Contact Information

If you have any comments or questions regarding this Agreement, or wish to report any violation of this Agreement, please email us at sales@healthphix.com. We will address any issue to the best of our abilities as soon as possible.

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These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease, and are intended for adults 18 years of age or older. Consult your physician if you are pregnant or nursing.